There could be many reasons for visa refusal or cancellation. It is totally disheartening to be notified of the visa refusal or cancellation. If you are onshore and have received the refusal, cancellation or NOICC letter from the department. Do not panic! You may be eligible to apply for the Merit Review at the Tribunal. In some cases, if the applicant applied for the visa from offshore, they also eligible to apply for review at AAT. It's important to note that there are specific timeframes and eligibility criteria for applying for review, and seeking legal advice may be beneficial in navigating the review process effectively.
There could be so many reasons where an applicant could be liable for Visa refusal or cancellation. Some of the examples are given below:
If you have provided misleading information or bogus documents to the department in your current or previous visa application, your visa may be subject to cancellation or refusal.
If you do not submit the required documents with the application, the department may refuse the application without requesting the necessary documents.
Your visa application might be refused if you fail to meet the requirements for the visa you applied for, which includes meeting health criteria and passing the character test.
Your visa application may be canceled if you fail to comply with the conditions specified on the visa.
Your visa may be canceled if you commit any crime in Australia.
Your visa may be subject to cancellation if the circumstances under which the Department granted you the visa cease to exist.
and many more
If your application is refused and you wish to seek a review at the AAT, it's crucial to contact a registered migration agent as soon as possible. This is because you must submit the application to the AAT within a specified timeframe.
In Australia, the Administrative Appeals Tribunal (AAT) provides an avenue for individuals or entities who are affected by decisions made by Australian government officials or agencies to seek review. There used to be two different bodies before 1st July 2015, Migration Review Tribunal (MRT) and Refugee Review Tribunal (RRT). Now they are incorporated in one body, called the Administrative Appeals Tribunal (AAT).
The AAT comprises nine divisions, including the Migration Division, responsible for reviewing migration-related decisions; the Refugee Division, which focuses on Refugee and protection visa-related decisions; and the General Division, which handles decisions concerning business visas, character tests, and other matters not covered by the other two divisions.
The AAT is an independent body and reviews your file based on the facts, laws applied to the decision by the department. After applying for a review of the application, the AAT assesses the case thoroughly, considering all relevant information and evidence provided by the applicant and the department. This includes reviewing the original decision made by the department or agency and considering any additional submissions or arguments put forward by the applicant. The AAT may also hold hearings or conferences to gather further information or clarify points raised during the review process. Finally, the AAT will make a decision based on the merits of the case and notify both parties of the outcome.Your current substantive or bridging visa remains valid, or you can apply for the same bridging visa while your application is under review by the AAT. If the AAT affirms the decision of the department, your bridging visa A, B, or C will cease within 35 days following the AAT's decision.
If your visa application is denied for reasons other than character grounds, you have 21 days to submit a review application. If your visa is canceled, you have 7 days to seek a review. It's advisable to seek advice from a registered migration agent to confirm the time limit for applying for a review. AAT doesn’t allow the extension of time, and the applicant needs to ensure that the application is lodged within the prescribed time frame.
The processing time for applications and finalizing cases at the AAT can vary widely depending on factors such as the complexity of the case, the workload of the tribunal, and other circumstances. In general, it may take several months to over a year for the AAT to process an application and reach a final decision on a case. AAT does have its own guideline to prioritize the case, i.e., review on visitor visa application where an Australian sponsor has made the appeal will be prioritized quickly. You can check more Detail here What happen after AAT application lodgement ? AAT Processign time
AAT has the power of the following:
Affirm: AAT can affirm the department decision. It means AAT will agree with the department decision, and the applicant will get no success.
Vary:
AAT can vary the department decision and will remit the decision back to the department to reconsider the application.
Set aside: In many cases, AAT can also set aside the department decision. In that case, the applicant visa will be taken to have never cancelled.
You will have two options:
1. File an application with Federal Court –
It can only be pursued if you strongly believe that there was an error of law and that the AAT did not properly apply the law, possibly due to various other reasons. It's important to note that registered migration agents are prohibited from lodging applications in the Federal Court. Therefore, you should seek advice from a migration lawyer.
2. Application for Ministerial intervention – You may also explore the option of submitting a request to the minister if you have a genuine need to do so. The minister has the authority to exercise personal discretion to overturn the decision in certain cases, although the success rate is typically exceptionally low.
Applying for AAT review within the prescribed time frame could be a daunting and stressful task. Our registered migration agents have experience with AAT applications. They will analyze the reasons why the visa was refused or cancelled. Our migration agents will prepare submissions to the AAT, addressing the relevant legislation and departmental policy to argue why your visa should not have been refused or cancelled.
You should book an appointment with our experienced registered migration agent if you have received a refusal or cancellation of your visa. We put our best efforts in research and site the relevant cases.
We respond promptly to all the queries. Get in touch with our team today.
